CHAPTER XI. LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONSCHAPTER XI. LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS\ARTICLE 6. SOLICITORS AND CANVASSERS

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Solicitor and canvasser” mean an individual, whether resident of the city or not, traveling either by foot, wagon, automobile, motor truck or other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares or merchandise or personal property of any nature whatsoever, for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether such individual is collecting advance payments on such sale or not. Such definition shall include any person who, for himself/herself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel room, lodging house, apartment, shop or other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. This definition expressly includes photographers. This definition, however, shall not include those engaged in the collection and dissemination of news, nor shall it include commercial travelers, commonly called “drummers,” representing wholesalers and regularly calling upon retailers.

(Code 1971, § 18-17)

It shall be unlawful for any person to pursue, carry on or conduct the trade, occupation or business of a solicitor or canvasser in the city, without a license issued pursuant to this article and article 2 of this chapter.

(Code 1971, § 18-18)

An applicant for a solicitor’s or canvasser’s license shall file, in duplicate with the city clerk on a form to be furnished by the city clerk, a signed and sworn application in writing, which shall truthfully give the following information:

(1)   The name and description of the applicant.

(2)   The permanent home address and full local address of the applicant.

(3)   A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in such business.

(4)   If employed, the name and address of the employer, together with credentials establishing the exact relationship.

(5)   The length of time for which the license is desired.

(6)   The place where services are to be performed, or the place where the goods proposed to be sold (or orders taken for the sale thereof) are manufactured or produced; where such goods or products are located at the time the application is filed; and the proposed method of delivery.

(7)   A photograph of the applicant, taken within 90 days immediately prior to the date of the filing of the application, which photograph shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner. In lieu of such photograph, the fingerprints of the applicant may be taken by the chief of police and filed with the application.

(8)   The names of at least two reliable owners of property in the county, who will certify as to the applicant’s good character and business responsibility, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable the city’s officers to properly evaluate such character and business responsibility.

(9)   A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, giving the nature of the offense and the punishment or penalty assessed therefor, and the city and state where the conviction occurred.

(Code 1971, § 18-19)

Any person who willfully swears falsely to any statement in the application for a solicitor’s or canvasser’s license shall be guilty of a misdemeanor.

(Code 1971, § 18-20)

Every applicant for solicitor’s or canvasser’s license shall file, along with the application, a surety bond to be approved by the city clerk, running to the city in the amount of $1,000.00, with surety acceptable to and approved by the city clerk, conditioned that the applicant shall comply fully with all the provisions of the ordinances of the city and the state statutes regulating and concerning the trade, occupation or business to be licensed, and guaranteeing to any citizen of the city that all money paid as down payment will be accounted for and applied according to the representations of the licensee and further guaranteeing to any citizen of the city doing business with the licensee that the property or service purchased will be delivered or performed according to the representations of the licensee. Action on such bond may be brought in the name of the city by the aggrieved person for such aggrieved person’s benefit.

(Code 1971, § 18-21)

At the time of filing an application for a license under this article, the applicant shall pay a fee of $5.00 to the city clerk to cover the cost of investigating the facts stated therein. Upon receipt of such application, the original shall be referred to the city manager, who shall cause an investigation of the facts stated in the application to be made within not to exceed five days.

(Code 1971, § 18-22)

If, as a result of the investigation provided for in section 11-606, the applicant’s character or business responsibility is found to be unsatisfactory, or the facts stated therein to be untrue, the city manager shall endorse on such application disapproval and the reasons for the same, and return the application to the city clerk, who shall notify the applicant that such application is disapproved and that no license will be issued.

(Code 1971, § 18-23)

If, as a result of the investigation provided for in section 11-606, the character and business responsibility of the applicant for a license under this article are found to be satisfactory, the city manager shall endorse on the application the approval thereof and return it to the city clerk, who shall, immediately upon payment of the fee prescribed by section 11-223, issue to the applicant the license to pursue, carry on or conduct the trade, occupation or business described in the application.

(Code 1971, § 18-24)

A license issued under this article shall be in the form required by article 2 of this chapter and shall show, in addition thereto, the photograph or fingerprints of the licensee and the kind of goods to be sold or services to be rendered.

(Code 1971, § 18-25)

A license issued under this article may be renewed without further compliance with sections 11-603, 11-606, 11-607 or 11-608; provided, however, that the licensee’s bond under section 11-605 shall remain in force and effect.

(Code 1971, § 18-27)

Solicitors or canvassers licensed under this article shall exhibit their licenses at the request of any citizen or police officer.

(Code 1971, § 18-26)

(a)   For good cause, the city manager may suspend a solicitor’s or canvasser’s license until the next meeting of the governing body, and the governing body, upon a hearing of the matter, with notice to the licensee and affording the licensee an opportunity to be heard, may permanently revoke or cancel such license or terminate the suspension and order a return of the license. If such license is returned, the licensee shall be entitled to a refund of a proportionate amount of the license fee for a period of the license suspension.

(b)   The term “good cause” as used in subsection (a) of this section, shall mean and include any reason for which a license could be refused in the case of an original application, and any act of the licensee contrary to the health, morals, safety or welfare of the city’s inhabitants, or any act in connection with the licensed trade, occupation or business which is unlawful, irregular or fraudulent in nature.

(Code 1971, § 18-28)